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Articles 1 - 30 of 69
Full-Text Articles in Law
Critique-Inspired Pedagogies In Canadian Criminal Law Casebooks: Challenging "Doctrine First, Critique Second" Approaches To First-Year Law Teaching, Sarah-Jane Nussbaum
Critique-Inspired Pedagogies In Canadian Criminal Law Casebooks: Challenging "Doctrine First, Critique Second" Approaches To First-Year Law Teaching, Sarah-Jane Nussbaum
Dalhousie Law Journal
This article is a critical evaluation of Canadian criminal law casebooks. The author explores the aims, practices, and challenges of these teaching texts by examining their relationship to critique-inspired pedagogical methods. A number of English-language Canadian criminal law casebooks add a welcome feature to the Canadian common law teaching landscape: all but one of six recently published casebooks teach doctrine and critique together. The research builds on an emerging scholarship of Canadian legal education by demonstrating evidence of critical political commitments and critique-inspired teaching methods within Canadian criminal law education. Yet casebook editors and other professors who utilize critical methods …
“Champion Man-Hater Of All Time”: Feminism, Insanity, And Property Rights In 1940s America, Magdalene Zier
“Champion Man-Hater Of All Time”: Feminism, Insanity, And Property Rights In 1940s America, Magdalene Zier
Michigan Journal of Gender & Law
Legions of law students in property or trusts and estates courses have studied the will dispute, In re Strittmater’s Estate. The cases, casebooks, and treatises that cite Strittmater present the 1947 decision from New Jersey’s highest court as a model of the “insane delusion” doctrine. Readers learn that snubbed relatives successfully invalidated Louisa Strittmater’s will, which left her estate to the Equal Rights Amendment campaign, by convincing the court that her radical views on gender equality amounted to insanity and, thus, testamentary incapacity. By failing to provide any commentary or context on this overt sexism, these sources affirm the …
What If The Butchers In The Slaughter House Cases Had Won?: An Exercise In "Counterfactual" Doctrine, Jane L. Scarborough
What If The Butchers In The Slaughter House Cases Had Won?: An Exercise In "Counterfactual" Doctrine, Jane L. Scarborough
Maine Law Review
In a recent Harvard Law Review commentary, two well-known constitutional scholars called into question not only what Supreme Court cases are “canonized” in casebooks, but whether the “Court-centeredness” of our scholarship and teaching about constitutional law has led to an impoverishment of the discourse on justice. The authors document how “[c]ases become important to teach and remember because they serve as the icons (and demons) of an invented constitutional tradition” --a tradition that “comes into being at a particular point in history, and then regards itself as always having been there.” There is no better example of such an icon …
Bibliography, Editorial Board
Bibliography, Editorial Board
The University of New Hampshire Law Review
This bibliography is a comprehensive list of all of Professor Calvin Massey’s scholarship. Unless otherwise indicated, each title was written exclusively by Professor Massey. We have not, however, included every edition of each title; rather, where multiple editions were published, we reference only the first edition. We have also omitted supplements written by Professor Massey to his own casebooks.
The Changing Market For Criminal Law Casebooks, Jens David Ohlin
The Changing Market For Criminal Law Casebooks, Jens David Ohlin
Michigan Law Review
Criminal law is a nasty business. The field takes as its point of departure the indignities that human beings visit upon each other—each one worse than the one before. A book or article about criminal law often reads like a parade of horribles, an indictment of humanity’s descent into moral weakness. For those who teach criminal law, everything else pales in comparison. Neither the business disputes of contract law nor the physical injuries described in a torts casebook can compare with the depravity of what we teach in criminal law. Criminal law professors are often addicted to their subject. Nothing …
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
Michigan Law Review
In “The Changing Market for Criminal Casebooks,” Jens David Ohlin offers an appreciative, but nevertheless critical review of established criminal law casebooks. He then introduces his own offering by describing “a vision for a new casebook” that will better serve the needs and wants of contemporary students. Ohlin begins with the arresting claim that criminal law professors are passionate about their subject because they are fascinated by human depravity. Then, throughout his essay, he stresses efficient, consumer-focused delivery of doctrinal instruction as the defining task of a successful casebook. Moreover, he argues, casebooks should devote less attention to academic theories …
What Books On Law Should Be, Richard A. Posner
What Books On Law Should Be, Richard A. Posner
Michigan Law Review
I have thought it might be useful to our profession, and appropriate to a foreword to a collection of reviews of newly published books on law, to set forth some ideas on how books can best serve members of the different branches of the legal profession — specifically judges, practicing lawyers, law students, and academic lawyers — plus persons outside the legal profession who are interested in law. I am not interested in which already published books should be retained and which discarded, but in what type of book about law should be written from this day forward. I will …
Collaboration And Community: The Labor Law Group And The Future Of Labor And Employment Casebooks, Matthew T. Bodie
Collaboration And Community: The Labor Law Group And The Future Of Labor And Employment Casebooks, Matthew T. Bodie
Saint Louis University Law Journal
No abstract provided.
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea
Michigan Law Review
Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …
Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
Michigan Law Review
The next generation of government officials, business leaders, and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law's interplay with government. This highlights the importance of public choice analysis. By framing issues through a public choice lens, these students will learn the dynamics of effective decision making within various institutional settings. Filling the void of how to explain the decision-making process of institutional actors in legal settings is Public Choice Concepts and Applications in Law by Maxwell Steams …
Why Write?, Erwin Chemerinsky
Why Write?, Erwin Chemerinsky
Michigan Law Review
This wonderful collection of reviews of leading recent books about law provides the occasion to ask a basic question: why should law professors write? There are many things that law professors could do with the time they spend writing books and law review articles. More time and attention could be paid to students and to instructional materials. More professors could do pro bono legal work of all sorts. In fact, if law professors wrote much less, teaching loads could increase, faculties could decrease in size, and tuition could decrease substantially. The answer to the question "why write" is neither intuitive …
Teaching Evidence: Using Casebooks, Problems, Transcripts, Simulations, Video Clips And Interactive Dvds, Miguel A. Méndez
Teaching Evidence: Using Casebooks, Problems, Transcripts, Simulations, Video Clips And Interactive Dvds, Miguel A. Méndez
Saint Louis University Law Journal
No abstract provided.
Casebooks Are Toast, Robert Laurence
Casebooks Are Toast, Robert Laurence
Seattle University Law Review
Into the fine spinach salad that is this Symposium on commercial law casebooks comes a grain of sand. An annoying defect in the total presentation. A distracting flaw that should not take away from the value of the remainder of the mix, but somehow does. For I am the one whose job it is to say that casebooks as a genre are dying, soon, I think, to become extinct. "Dinosaurs," a prior generation would have called them; "toast" in modern parlance. The future of law school teaching materials lies on the Web.
In Praise Of Casebooks (A Personal Reminiscence), John E. Dunsford
In Praise Of Casebooks (A Personal Reminiscence), John E. Dunsford
Saint Louis University Law Journal
No abstract provided.
Random Thoughts By A Distant Collaborator, Wayne R. Lafave
Random Thoughts By A Distant Collaborator, Wayne R. Lafave
Michigan Law Review
A Tribute to Jerry Israel
A Tribute To Professor Jerold Israel--My Teacher, My Co-Author, My Good Friend, Paul D. Borman
A Tribute To Professor Jerold Israel--My Teacher, My Co-Author, My Good Friend, Paul D. Borman
Michigan Law Review
A Tribute to Jerry Israel
Tribute To Jerry Israel, Jeffrey S. Lehman
Tribute To Jerry Israel, Jeffrey S. Lehman
Michigan Law Review
A Tribute to Jerry Israel
A Tribute To Jerry Israel: A Friend With A Messy Office, Debra Ann Livingston
A Tribute To Jerry Israel: A Friend With A Messy Office, Debra Ann Livingston
Michigan Law Review
A Tribute to Jerry Israel
Educating Lawyers For The Global Economy, John O. Haley
Educating Lawyers For The Global Economy, John O. Haley
Michigan Journal of International Law
Review of Law and Investment in Japan: Cases and Materials (Yukio Yanagida, Daniel H. Foote, Edward S. Johnson, Jr., J. Mark Ramseyer & Hugh T. Scogin, Jr. eds.)
Microeconomics Made (Too) Easy: A Casebook Approach To Teaching Law And Economics, Gregory S. Crespi
Microeconomics Made (Too) Easy: A Casebook Approach To Teaching Law And Economics, Gregory S. Crespi
Michigan Law Review
A Review of Cases and Materials on Law and Economics by David W. Barnes and Lynn A. Stout
Training Tomorrow's Banking Lawyers, John D. Hawke Jr., Melanie L. Fein
Training Tomorrow's Banking Lawyers, John D. Hawke Jr., Melanie L. Fein
Michigan Law Review
A Review of Banking Law and Regulation by Jonathan R. Macey and Geoffrey P. Miller
Teaching Conflicts, Improving The Odds, Gene R. Shreve
Teaching Conflicts, Improving The Odds, Gene R. Shreve
Michigan Law Review
A Review of Conflict of Laws: Cases, Materials and Problems by David H. Vernon, Louise Weinberg, William L. Reynolds, and William M. Richman
Insurance Law Out Of The Shadows, Kent D. Syverud
Insurance Law Out Of The Shadows, Kent D. Syverud
Michigan Law Review
A Review of Insurance Law and Regulation: Cases and Materials by Kenneth S. Abraham
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
Michigan Law Review
A Review of International Civil Litigation in United States Courts: Commentary and Materials by Gary B. Born and David Westin
God, Metaprocedure, And Metarealism At Yale, Linda S. Mullenix
God, Metaprocedure, And Metarealism At Yale, Linda S. Mullenix
Michigan Law Review
A Review of Procedure by Robert M. Cover, Owen M. Fiss, and Judith F. Resnik
The Anatomy Of A Leading Case: Lawrence V. Fox In The Courts, The Casebooks, And The Commentaries, M. H. Hoeflich, E. Perelmuter
The Anatomy Of A Leading Case: Lawrence V. Fox In The Courts, The Casebooks, And The Commentaries, M. H. Hoeflich, E. Perelmuter
University of Michigan Journal of Law Reform
In spite of the wide diversity of training, practice, and location of lawyers throughout the United States, virtually all share one experience: the standard core curriculum of the first year of law school taught by the case method. The extent to which that experience in parsing cases in contracts, torts, and property shapes the American legal mentality is open to debate, but it undeniably has an impact. The first-year experience socializes law students in the culture of the law. During this period, students learn the language of the law and the ways that lawyers think. During this period, too, students …
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
Michigan Law Review
A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II
Copyright Law: Cases And Materials, Marshall A. Leaffer
Copyright Law: Cases And Materials, Marshall A. Leaffer
Vanderbilt Law Review
Interest in copyright law is on the upswing. The reason is simple: copyright law, and more generally, intellectual property law, is the law for the information age. The subject touches not only the traditional concerns of artists, writers, and musicians, but also reaches the cable television and computer industries as well as future technologies not yet thought of. I predict course offerings on copyright and intellectual property law will proliferate. Before publication of Craig Joyce's Copyright Law, the growing market for copyright casebooks was already well served by three excellent and diverse works' that would satisfy all tastes and approaches …
Contracts Scholarship In The Age Of Anthology, E. Allan Farnsworth
Contracts Scholarship In The Age Of Anthology, E. Allan Farnsworth
Michigan Law Review
In the first part of this article, I trace the history of the Age. I observe that for nearly forty years, from 1881 to the time of World War I, there was a significant decline in contracts scholarship and conclude that the principal explanation for these lean years lies in the shift in scholars' focus from an audience of practitioners to one of students that resulted from the introduction of the case method. In the second part of the article, I look at the way in which the anthologists wielded the considerable influence that each had when only a few …
Intergenerationalism And Constitutional Law, Ira C. Lupu
Intergenerationalism And Constitutional Law, Ira C. Lupu
Michigan Law Review
A Review of Constitutional Law by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein and Mark V. Tushnet and Constitutional Law: Cases -- Comments -- Questions by William B. Lockhart, Yale Kamisar, Jesse H. Choper, and Steven H. Shiffrin